Top 10 FAQs About the US EB-5 Investor Visa

The EB-5 visa is a way to live in the U.S. by investing money. It’s a big step, and people often have a lot of questions. Let us provide you with answers to the most common US EB-5 Investor Visa FAQs. So, if you’re just starting or already looking at projects, we will help you feel more sure about your next move.

Can an EB-5 Investment Be a Loan?

An EB-5 investment cannot be just any loan. You cannot borrow money unless the loan is backed by something you already own. That means you can’t use someone else’s money or borrow against the business you’re investing in.

For example, you can’t say, “I’ll invest in this hotel, and I’ll use the hotel itself to get the loan.” That’s not allowed. But if you already own a house and get a loan using your house as a guarantee, that’s okay. The house is your asset.

The important part is showing that the money comes from a real and legal source. You must also show that it is your money and that you are taking the risk.

So yes, a loan is allowed, but only when it’s secured by something that belongs to you and you can show where the money came from.

Can You Borrow Money for EB-5?

Yes, you can borrow money for the EB-5 visa. But there are rules. The loan must be:

• Legal
• From a trusted place, like a bank
• Backed by your own asset, like the property you own

It must not be:

• From unknown sources
• Unsecured, meaning not backed by anything
• Borrowed using the EB-5 project as security

You will also need to show full documents for the loan. This includes where the money came from, how the loan works, and what you used as security. You must be able to trace every step of the money.

The loan has to make sense to the U.S. government. If anything looks unclear or suspicious, they might deny your application.

Can I Work with an EB-5 visa?

Yes, you can work once your EB-5 visa is approved and you have your green card. When your green card is given, you become a permanent resident. That means you have the right to work. You can:

• Get a job anywhere.
• Start your own business.
• Work full-time or part-time.
• Work in any state.

You do not have to work in the business you invested in. Most people don’t. Especially if you invest through a regional center, someone else manages the business.

If you choose to invest directly in your own business, then yes, you can work in it. However, the EB-5 visa does not require you to have a job or manage a business. Once your green card is approved, you can work just like any U.S. green card holder.

Can Illegal Immigrants Apply for EB-5?

This is a difficult one. The EB-5 US visa program is open to everyone, but the rules for applying are strict if someone is already in the U.S. without legal status.

If you are not in legal status right now, you may not be able to apply from inside the U.S. In most cases, you must leave the country and apply from your home country through the U.S. consulate.

Some people may qualify for a waiver that helps fix their status, but this is hard and takes time.

Even if you have the money to invest, the green card can still be denied if your immigration status is not clear or legal. If you’re in this situation, you need to talk to a lawyer first. The investment alone does not solve immigration problems.

Do EB-5 Investors Get Their Money Back?

Most of the time, yes, but it’s not promised. The money you invest must be “at risk.” That means the business might do well, or it might not. There are no guarantees. You are putting your money into a real business.

Many EB-5 projects are designed to return the money after a few years, once the business is running and the green card process is done. This can take five to seven years in most cases.

Some projects pay small returns, like interest. Others just promise to give back the full amount later.

Before you invest, read the documents carefully. Know how the money will be used and when it will be returned. If you don’t understand the plan, ask questions. This is your future—and your money.

When Do You Choose an EB-5 Project and Sign Documents?

You need to pick your EB-5 project before you apply. This is one of the first steps in the process. Here’s how it goes:

1. Learn about different projects
2. Choose between a direct investment or a regional center
3. Talk to experts and ask questions
4. Review the documents (like partnership papers and risk disclosures)
5. Sign the paperwork
6. Send your money to the escrow account
7. Then, file Form I-526 with U.S. immigration
   

Once you file the form, the process starts. Don’t choose a project too fast. Take your time. Make sure it fits your goals and comfort level.

How Much Money Do You Need to Invest to Get a Green Card?

The amount depends on where the project is located.

• $800,000 for projects in a Targeted Employment Area (TEA). These are rural places or areas with high unemployment.
• $1,050,000 for all other areas.

The lower amount is more common because many regional centers are in TEAs. Besides the investment, you’ll also pay legal fees, filing fees, and administration fees. These extra costs can be around $50,000 or more, depending on the project.

What is the EB-5 Investment Duration?

The law says you must keep your money invested for at least 2 years, but in real life, it takes longer.

Most investors wait 5 to 7 years before they get their money back. Here’s why:

• You get a conditional green card first
• After two years, you file to remove the conditions
• That process takes time
• Projects need time to return the money safely

Always check the timeline when choosing a project. Some projects return the money faster than others. Ask when and how the money will be returned. Make sure it fits your plans.

What’s The Difference Between Investing in a “Direct” Or “Standalone” Project and a Regional Center Project?

Direct or Standalone:

• You open your own business.
• You must create 10 full-time jobs yourself.
• You must be involved in running the business.
• You have more control, but also more work and risk.

Regional Center:

• You invest in a larger project run by professionals.
• The center manages the business.
• You do not need to create jobs directly. They can be indirect.
• It’s easier for people who don’t want to run a business.

Most people choose regional centers because it’s simpler. You can still get a green card, but without having to manage the business day to day.

What Happens Once You Complete Your EB-5 Investment and Your Funds Are Returned?

Once your money is returned and your green card is approved, your job is done. You can:

• Live in the U.S.
• Work or open a business
• Travel freely
• Apply for U.S. citizenship after 5 years (if you meet the rules)

You do not need to invest again. The green card stays with you. Your family members who got green cards through your investment also keep theirs.

US EB-5 Investor Visa FAQs: Let’s Recap

The EB-5 visa is a smart way to build a life in the U.S. while helping grow the economy. It’s not just about money! It’s about planning, patience, and doing things the right way.

You now know the answers to the most common questions. That means fewer mistakes, fewer surprises, and a smoother path to your green card. 

Take your time, ask for help when needed, and choose a path that feels right for you and your family. Also, for expert advice, document checklists, and interview prep, visit visalibrary.com